What is the LL’s rights for early termination by the Tenant
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is the LL’s rights for early termination by the Tenant
What are the Landlord’s rights to penalty fees or liquidated damages, if the Tenant terminates early and gives 60 days notice? An Early Termination Fee/Liquidated Damages Addendum was included in the lease agreement and was signed by both parties, but neither option was selected for an early termination fee OR agreeing to liquidated damages acknowledging that the LL may seek damages as provided by law
Asked on November 22, 2017 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If the Early Termination Fee/Liquidated Damages Addendum ("Addendum") required the tenant to select one or the other option and he/she failed to do so, then the tenant had no early terminate right and could be sued by the landlord for the lesser of--
1) the remaining rent due under the lease for the balance of the lease term, until expiration (e.g. if 5 months are left in a one-year lease, for 5 months or rent); or
2) the rent due until the space is re-rented with the landlord making reasonable and normal efforts to re-rent (e.g. if it is re-rented in 3 months, the landord could get 3 months of rent).
The lease is a contract; the tenant is obligated to all rent due under for its full length or duration except if the lease (or the Addendum) allows early termination for a lesser amount or penalty.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.